Bonnie Koreen

The plaintiff pedestrian was struck by the defendant's vehicle while crossing a street.

The defendant was found 100% liable.

The plaintiff had a highly complex pre-existing medical history, including chronic pain, sarcoidosis, and melanoma.

The court found the plaintiff suffered a mild traumatic brain injury and other injuries from the collision, which exacerbated his pre-existing conditions and impaired his ability to manage them.

The court assessed damages for the plaintiff and his family members, but reduced the total awards by 25% applying the crumbling skull principle, as the plaintiff would have been detrimentally affected by his pre-existing conditions regardless of the accident.

The injuries were found to meet the statutory threshold.

During a personal injury trial arising from a motor vehicle accident, the plaintiffs objected to the admissibility of an expert report from the defendant's occupational therapist regarding the injured plaintiff's attendant care needs.

The plaintiffs argued the report did not comply with a previous court ruling that limited the expert's evidence to the practical delivery model of care rather than the quantum of hours required.

The court agreed with the plaintiffs, finding the report went beyond the permitted scope by critiquing the plaintiff's expert and opining on the number of hours needed.

The court ruled that only specific portions of the report addressing the cost and availability of personal support workers and handyman services were admissible.

The applicant, a pedestrian struck by a motor vehicle, sustained a traumatic brain injury and multiple skull fractures.

She applied for catastrophic impairment designation under the Statutory Accident Benefits Schedule based on a Glasgow Outcome Scale (GOS) score of 3 (severe disability).

The insurer denied the designation, relying on a neurologist who found no physical neurological deficits.

The arbitrator rejected the insurer's narrow interpretation of the GOS, preferring the applicant's physiatrist who considered cognitive and behavioural impairments that rendered the applicant dependent on daily support.

The arbitrator found the applicant catastrophically impaired, awarded past and ongoing attendant care benefits for services provided by her husband, approved most of the disputed medical and rehabilitation treatment plans, and held the insurer liable for a special award for unreasonably withholding benefits.

The plaintiff tripped and fell on a municipal sidewalk, sustaining a rotator cuff tear.

She brought an action against the municipality for failing to maintain the sidewalk in a reasonable state of repair.

The court found that a height differential of 3/4 to 1.25 inches existed between sidewalk slabs, constituting a state of non-repair that the municipality failed to identify or repair.

However, the court also found the plaintiff 50% contributorily negligent for failing to pay attention to where she was walking.

Damages were assessed and reduced by 50%, resulting in an award of $107,765 to the plaintiff and $5,000 to her husband under the Family Law Act.